NORTHAMPTON POLICE DEPARTMENT

Administration & Operations Manual

Policy: Criminal Investigations AOM:O-400

Massachusetts Police Accreditation Issuing Authority
Standards Referenced:
[42.1.4], [42.2.2.b], [42.2.1.a&b], [42.2.2.d], [42.2.1.c], [42.2.2.c], [42.2.2.a], Jody Kasper
[83.2.6], [42.2.3], [42.2.1.a], [83.2.4.c], [42.1.1], [42.1.2], [42.1.4], [42.2.2.g], Chief of Police
[42.2.2.e], [42.2.2.b&f], [42.2.2.h], [42.2.3.b], [42.2.1.d], [55.2.4.a], [55.2.5],
[1.2.3], [42.2.2.f], [72.7.1.a], [44.2.3], [42.1.2], [42.1.3.b], [42.1.3.c],
[42.1.3.d], [42.1.3.e], [42.1.5.a], [42.1.5.b], [42.1.5.c], [42.2.4], [42.2.5]
Dissemination Date: 12/09/1999 Amended: 9/08, 12/08, 2/09, 5/14, 9/22

Effective Date: 12/16/1999 Reviewed: 1/02, 1/04, 9/08, 12/08, 1/09, 2/09, 10/09,
3/11, 9/11, 9/13, 5/14, 5/16, 5/17, 6/19, 6/20*, 6/21,
6/22, 6/23

Table of Contents

I. Introductory Discussion………………………………………………………………….1
II. Responsibility Of The Preliminary Investigation [42.1.4]………………………..……2
III. Criminal Investigation Procedures………………………………………………….…..3
IV. Follow-Up Investigations……………………………………………………………...…4
V. Interviewing And Interrogations [1.2.3] [42.2.2,A]……………………………………6
VI. Case Management And Controls [42.1.2] [42.1.3] [42.1.4]…………..………….…..12
VII. Court Prosecution…………………………………………………….…………….…..14
VIII. Shift Briefings………………………………………………………………………….15
IX. Investigative Task Forces [42.2.5]…………………………………………………….15

I. Introductory Discussion
One of the most critical police functions is the investigation of criminal offenses. The
objective of the police investigation is the successful identification, apprehension, and
prosecution of criminal offenders. The ultimate success or failure of this police effort
is closely related to the immediate response and the police action taken at the time
that a crime is first brought to their attention. This initial activity, the preliminary
investigation, is often crucial to the successful resolution of the case. The preliminary
investigation should never be treated as a routine matter; it takes place at an early and
critical stage and may have a wide range of ramifications.

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For example, the initial efforts of the police often aid in determining guilt or
innocence; the preliminary investigation may turn up information that is useful in
solving other crimes, and it serves as a vital link between the crime and a subsequent
in-depth investigation.

The major purpose of the Criminal Investigation is to gather information. Information

may be obtained from “things” (physical evidence) or from persons (testimonial
evidence). Neither source should be overlooked. Nonetheless, in seeking information,
the investigating officer should conduct the investigation within the bounds of the law
and with all due respect to the persons and property with which they come in contact.

This directive establishes the general information gathering procedures of preliminary

and follow-up criminal investigations that are crucial to the successful identification,
apprehension, and prosecution of criminal offenders.

II. Responsibility of the Preliminary Investigation [42.1.4]

A. Preliminary Investigation: The preliminary investigation is the responsibility of

patrol units. These units are relied upon to make every effort to obtain as much
information as possible during this stage of the investigation because of their
availability and capability of providing prompt and efficient services at any time
of night or day. Patrol unit officers are more likely to be familiar with the
particular area where a crime occurs. The patrol units can also be effective in
apprehending the criminal at or near the scene. The first officer assigned to a
preliminary investigation shall:

1. Proceed to the scene promptly and safely;

2. Render assistance to the injured;
3. Ascertain if the suspect is still in the area and armed;
4. Effect the arrest of the criminal;
5. Locate, separate, and identify witnesses; [42.2.2, b]
6. Interview the complainant, victims, witness (es) and suspect(s); [42.2.1, a &
b] [42.2.2, d]
7. Maintain a secure crime scene and protect all potential evidence; [42.2.1, c]
[42.2.2, c]
8. Note all conditions, events, and remarks; [42.2.2, a]
9. Arrange for the collection of evidence; [42.2.2, c]
10. Report and document the incident fully and accurately; [83.2.6]
11. Yield the responsibility to the follow-up investigator, if and when necessary.

To aid officers/detectives in the preliminary investigation process, use AOM

O400.a Preliminary Investigation Checklist. [42.2.3]

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B. Photographing: During the course of an investigation it is often necessary that a

preliminary officer, an investigator or their designee, photograph a crime scene,
including physical evidence and the victims of crimes. All photographs of victims
shall be in compliance with Massachusetts General Law Chapter 271 § 51. M.G.L.
271 § 51 states the following;

1. No first responder who responds to or is otherwise present at the scene of a

crime, accident or other emergency in the performance of the first responder’s
official duties shall take a photographic or digital image of a victim of a
crime, accident or emergency unless the first responder takes the photographic
or digital image: (i) in the performance of the first responder’s official duties;
or (ii) upon the consent of the victim or, if the victim is unable to consent, an
immediate family member of the victim; provided, however, that this
subsection shall not apply to the use by a first responder of body-worn
cameras or cameras mounted on a first responder’s vehicle.

2. No first responder shall, other than in the performance of the first responder’s
official duties, transmit, disseminate or otherwise make available to a third
person a photographic or digital image of a victim of a crime, accident or
emergency without the consent of the victim or, if the victim is unable to
consent, an immediate family member of the victim; provided, however, that
this subsection shall not apply to the use by a first responder of body-worn
cameras or cameras mounted on a first responder’s vehicle.

III. Criminal Investigation Procedures

Whenever practicable, members of the department shall follow the below listed
procedures when investigating a crime committed or an incident which has taken
place requiring police action:
A. Information Development: The primary purpose of a preliminary or follow-up
criminal investigation is to identify and arrest the offender, when appropriate and
consistent with law. This is usually accomplished by the gathering of
information. Information may be obtained from physical evidence as well as
from people or testimonial evidence. Both sources should be used. An
investigating officer should always conduct an investigation within the bounds of
the law and with all due respect to the persons and the property with whom they
come in contact. [42.2.1, a]

Suggested information that investigating officers should obtain and record:

1. Time of assignment/arrival;
2. Weather conditions;
3. Approximate time of the crime and by whom and when it was discovered;
4. Identities of other officers present;
5. Name, addresses, telephone numbers of the victim(s) and/or witnesses;
6. Hour, date, and location of any interviews;
7. Description and history of the suspect;

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8. Statements as to what a victim/witness (es) saw or heard; (however, if a

statement appears highly informative due to its nature and content, the officer
should gather or request a written statement.)
9. Important measurements and a crime scene sketch, when warranted; [83.2.4,c]
10. List of property and valuables taken or destroyed, including values, if known;
11. Any other information the officer believes may be useful in apprehending the
criminal.

B. Major Crime Occurrences (e.g. Armed Robberies, Arson, and Sex Related
Crimes): Police officers responding to a major crime occurrence shall
immediately notify the shift supervisor, who shall respond to the scene and notify
or cause to notify the OIC of the Detective Bureau.
1. The O.I.C. of the Detective Bureau, or their designee shall notify or cause to be
notified, the appropriate detective(s) to respond to the scene. Investigators
shall be available to respond to major crimes 24 hours a day, seven days a
week. [42.1.1.]

C. Unattended Death: In cases of unattended deaths, suspicious sudden death, or

homicide, the on-duty supervisor shall notify the Detective Bureau Commander.
The Detective Bureau Commander may cause the notification of the Investigative
Unit assigned to the District Attorney Office, the Medical Examiner’s office, and
the Operations Division Commander.

IV. Follow-up Investigations

A. Serious or complex preliminary investigations requiring special handling shall be
assigned to the Detective Bureau when delay will not hamper the investigation.
On such occasion, the patrol officers should protect the scene from contamination
and request a specialist at once. When determining whether or not to conduct a
follow-up investigation, the officer shall consult with a supervisor who shall
consider the following circumstances: [42.1.2] [42.1.4]

1. Seriousness of the crime;

2. Whether delay will make the investigation more difficult;
3. Workload of the shift on duty;
4. Number of personnel presently on duty.

It shall be the responsibility of the Detective Bureau Commander, or his designee,

to determine how many investigators are assigned to any particular investigation,
and how many hours are expended thereon.

B. Principal or Primary Investigator: The Detective Bureau Commander or any

supervisory officer who assigns a follow-up investigation shall designate one
particular investigator/officer as the Principal/Primary Investigator. The pertinent
information on the case, along with the Principal Investigator’s name, shall then

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be entered into the Department computer. This will provide for appropriate
accountability for each case. [42.1.4]

C. Guidelines for Conducting Follow-up Investigations: The following list of

procedures should be used as a guide when conducting complicated
investigations. Principal investigators shall conduct as thorough an investigation
as possible, including as many of the following steps as appropriate, although all
of the steps may not be necessary in every investigation:

1. Plan, organize, and conduct crime scene searches for the purposes of gathering
additional physical evidence; [42.2.2,d]
2. Review and analyze all previous reports prepared in the preliminary phase;
[42.2.2, a]
3. Conduct additional interviews with victims, witnesses, reporting parties, and
preliminary investigating officers, if necessary; [42.2.2, b]
4. Conduct interviews and/or interrogations of all suspects; [42.2.3,b]
5. Review departmental records for incidents of a similar nature for the purpose
of developing a suspect; [42.2.2, a]
6. Review results for laboratory examinations; [42.2.2, a]
7. Seek additional information from informants or from officers from this and
neighboring police agencies; [42.2.2,c]
8. Check criminal records of potential suspects; [42.2.2,g]
9. Identify and apprehend suspects; [42.2.2,e]
10. Interview apprehended suspects in order to determine involvement in, and
clearance of, other crimes; [42.2.2,b,f]
11. Arrange for the dissemination of pertinent information obtained to all shifts
and units as well as other law enforcement agencies;
12. Assist the Assistant District Attorneys in preparing cases for court
presentation;
13. Assist in the prosecution of cases in District and Superior Court; [42.2.2,h]
14. Document in a timely manner, in the Departments computer system, all
relevant investigative measures that have been completed.

To ensure that critical factors are not overlooked, the investigator should use
AOM O400.b Follow-Up Investigation Checklist. [42.2.3]

D. Second Contact with Victims, Witnesses, and Complainants: Investigators shall

maintain a policy of a “second contact” with principals involved in a case
requiring a follow-up investigation whenever possible. The contact should be
timely to ensure the building of public confidence in the department, as well as
indicating a genuine concern about the welfare of the victim and others involved
in the case. This procedure may result in the receipt of information that may
further the progress of an investigation. [42.2.3, b]

E. Background Investigations: Background investigations may be used for either

criminal investigations, employment, or licensing purposes. Investigations of this
nature shall be conducted discreetly and with special precautions.

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1. The use of information obtained shall be limited to legitimate law enforcement

functions, and shall only be disseminated on a need-to-know basis within the
department. Approval for dissemination of licensing and/or employment
background investigation information to an agency outside the police
department shall be obtained from the Chief of Police, or their designee.
[42.2.1,d]

F. If the impact of the crime has been unusually severe and has resulted in the
necessity of above average victim or witness assistance, officers assigned the
investigation should, as soon as possible but within 5 days of contact, check with
the victim or witness to determine if their needs are being met. If the suspect is
not arrested at the scene, upon the suspect’s arrest, the victim will be contacted
and advised that the suspect is in custody. Additionally, if the suspect is released
on bail the victim will be notified forthwith. [55.2.4,a] [55.2.5]

V. Interviewing and Interrogations [1.2.3] [42.2.2, a]

A. Interviewing: Interviewing is the method used to obtain information from those
persons not in custody that are willing to provide it. An interview is a
conversation with a purpose. For police objectives, an interview is a conversation
between an officer and any person who may or may not have information relevant
to the investigation. The interviewing of witnesses enables the investigator to
collect pertinent facts, and to substantiate additional information. Information
gathered from field interviews involving suspicious activity or persons should be
documented. [1.2.3]

It is the policy of the Northampton Police Department to obtain and accurately

document and preserve information from witnesses during a criminal
investigation.

All law enforcement agents utilizing an Interview Room, shall always be

cognizant of weapon security. If an Interview Room is unavailable, the interview
may be conducted in another area of the station with the prior approval of the
OIC. Requirements for weapons security will still be adhered to wherever the
interview may take place. [42.2.2a] [42.2.10.a]

All interviewees shall be given the opportunity to use the restrooms and/or be
provided water upon request. [42.2.2f] [42.2.10.f]

1.Preparing for an Interview: Preparing for an interview maximizes the

effectiveness of witness participation and interviewer efficiency. In order to
properly prepare, prior to conducting the interview, the investigator shall:

a. Review all available victim/witness and case information available, and

determine the nature of the victim/witness’ prior law enforcement contact,
if any.
b. Consider witness’ physical and emotional state prior to conducting an
interview.

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c. Select an environment that minimizes distractions while maintaining the

comfort level of the victim/witness.

2. Interviewing Techniques: To promote the success of the interview, the

investigator should remember that peculiar characteristics of victims/witnesses
may affect their statements (e.g., hysteria, belligerence, evasiveness), and that
the officer’s own demeanor is very important.

The following procedures for interviewing will be maintained:

a. Questions should be clear, definitive, and in plain language

b. Ask only one question at a time and wait for a complete reply
c. Ask open-ended questions (e.g., what can you tell me about the car?)
augment with closed-ended questions (e.g., what color was the car?)
d. Avoid asking suggestive or leading questions or those which imply or
suggest a particular answer (e.g., was the car red?)
e. Avoid questions that can be answered by “yes” or “no” which limits the
response.
f. Do not ask questions in a critical or derisive manner which could deter
previously cooperative victim/witnesses.
g. Do not correct the grammar or the language of the victim/witness, which
could cause resentment.

h. Do not permit your own emotions, attitude, or opinions to distract the

victim/witness or to interfere with your evaluation of their responses to
your questions.
i. It is important to not only listen to what is said but also to know how it is
said. Emotional outbursts and inflections of the voice may give a clue to
sensitive areas of the interview. Sudden silence, uncertainty, confusion, or
the shift of conversation to an unrelated matter may indicate that
information is being withheld. Nervous body reaction or facial
characteristics may also signal that a sensitive area has been reached.
Noting these responses will determine what portions of the statements may
require further probing or clarification by the officer/investigator.
j. Interviews should be ended in a courteous manner. This helps assure
further cooperation, particularly if the victim/witness may be needed to
testify at a later date.

1) Summarize what has been covered. Ask the witness if there is anything
they wish to add or emphasize.
2) Thank them for their cooperation and impress upon them the value of
their services.
3) Inform the victim/witness that it is very important to contact the police
if/when at a later time, they recall or uncover additional information
about the crime or criminal.
4) Inform the victim/witness of the phone numbers and locations of any
assistance programs available.

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5) Where appropriate, inform the victim/witness of the phone number and

location of the District Attorney’s Office, especially if the
victim/witness has questions of a legal nature.
6) Where appropriate, inform the victim/witness that it is a criminal
offense for anyone to threaten or intimidate them to not testify, or into
altering or changing their testimony. The victim/witness should be told
to contact the police immediately if anyone attempts to do so.
7) If at all possible, obtain a written statement from the victim/witness.

3. Conducting the Interview: The witness(es) should be interviewed as soon as

possible after the incident under investigation. Officers shall request that the
witness(es) remain on the scene until they have been interviewed.

a. As soon as possible, separate all witnesses to ensure independent

statements. Instruct witnesses to avoid discussing details of the incident
with other witnesses and/or the media.
b. Officers should immediately identify themselves and show their credentials
if they are not in uniform.
c. It is imperative at the outset to obtain the names, addresses, and telephone
numbers of the witnesses. The officer shall request some form of positive
identification from all witnesses at the scene. This procedure will assist the
follow-up investigators in locating witnesses for re-interviewing purposes
and possible future court proceedings. Information obtained shall be
documented, along with the date, time, and place of the interview.
d. The immediate objective of the interviewing officer should be to establish a
rapport with the victim/witness.

1) Display a sincere interest

2) Be patient and tactful
3) Be respectful
4) Control personal feelings; and
5) Provide reassurance

e. Consider the physical and emotional needs of witnesses:

1) Calm the excited and emotionally upset witness

2) Create a favorable atmosphere for the witness to talk freely
3) Conduct the interview in a quiet area
4) Maintain privacy to the greatest degree possible
5) Do not distract the witness or interrupt their story unnecessarily

f. Encourage the victim/witness to give a full description of everything that

occurred with a minimum of interruption.

1) At times it may be necessary to ask a question or to make a brief

comment in order to keep the victim/witness talking or to keep the
interview confined to the subject under investigation.

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2) When the conversation lags or stops, be patient and wait for the
victim/witness to volunteer additional information.
3) Do not take anything for granted and do not jump to conclusions.
4) Listen for and note any obvious omissions or gaps in the statements
made by the victim/witness, or for any conflicting or inconsistent
statements.
5) Note any extreme nervousness or unusual behavior on the part of a
victim/witness, or for any unguarded or spontaneous remarks made by
a victim/witness.
6) Do not exhibit surprise or dismay at anything said by a victim/witness.

B. Interrogations: The interrogation of suspects in criminal investigations is an

essential tool in the investigative process. An interrogation is defined as the
questioning of a person in police custody relative to charges brought against them.
For the purposes of this directive, “custody” refers to when a police officer exerts
authority over a suspect by restricting their freedom of movement. All officers
shall strictly adhere to the policy of the department prior to any interrogation of
suspects.

1. Miranda warnings shall be given to persons subjected to custodial

interrogations in an unhurried manner to assure that the suspect has heard and
understood what constitutional and statutory rights they’re entitled to. A
suspect who requests the aid or presence of an attorney shall not be questioned
until the attorney is present, regardless of when the request is made. A
suspect’s request to summon, meet with, or speak to their attorney shall not be
delayed or denied.
A waiver of Miranda warnings may be suppressed because of language
barriers, educational or learning disabilities, youthful age of the suspect, mental
condition, drug and alcohol consumption by the suspect, injuries, shock or
other medical impairments. The suspect should have a clear understanding of
their rights and make an intelligent and competent waiver.

No coercion, threats or promises shall be used under any circumstances to

obtain a confession, statement, or admission from any individual.

The officer/investigator may take voluntary statements after a valid waiver of

Miranda warnings, or whenever a voluntary statement is made when the
Miranda warnings are not a prerequisite for admissibility in court.

Factors that may be considered in determining “custody” are:

a). The place of interrogation: a police station or police vehicle is more

indicative of custody than other locations.
b). The persons present: As few officers as possible should be present. Large
numbers of officers support a contention of custody, and courts have

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declared incriminating statements to be “involuntary” under such

conditions.
c). Indications of formal arrest:
1) Physical restraint
2) Use of weapons (unless suspect themselves are armed)
3) Searches
4) Booking procedures
d). The length and form of questions:
1) Short, neutral (non-accusatory) inquiries do not suggest custody (for
example: “Who are you? Where do you live? Why are you here?” etc.).
2) Brief routine questions to clarify questionable situations do not suggest
custody.
3) Lengthy interrogations and the use of accusatory and leading questions
are indicative of custody.
e). Summoning of police and initiation of interview: If the suspect
summons the police and/or initiates the interview, there is a strong
indication of non-custody.

When a suspect voluntarily makes a statement, officers do not have to

prevent them from continuing to talk.

Voluntary statements:
1. Are those not made in response to questioning by an officer;
2. Are statements made by a suspect of their own free will (i.e.,
spontaneous utterances or declarations);
3. May be taken after a suspect is in custody and before or after actual
interviews or interrogations, so long as the statements are clearly
voluntary.
2. Six Hour Safe Harbor Rule: Certainly the law should permit police officers
to conduct an interrogation of the suspect subsequent to arrest. However, due
to the Six Hour Safe Harbor Rule (AOM O400.c Prompt Arraignment Waiver
Form), police are not able to unreasonably delay the right of the defendant to
prompt presentment in order to receive a confession through police custodial
interrogation. [72.7.1, a]
a). Suppression of Defendant Statements: Comm. v. Rosario, 422 Mass.
48(1996), adopted a bright line rule where if a criminal defendant is not
arraigned within six hours of their arrest, any statements they make prior
to arraignment will be suppressed on the grounds of “unreasonable delay”
unless the defendant has waived the right to be arraigned without
reasonable delay.
b). Commencement of Six-Hour Period: The six hour clock begins ticking
at the time of arrest. However, the Court also stated, in the Comm. v.
Rosario case, that if the person is incapacitated because of a self-induced
disability, such as the consumption of drugs or alcohol, when they are

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arrested, “the six hour period will commence only when the disability
terminates.”
c). Waiver of Rights: A copy of AOM O400.c Prompt Arraignment Waiver
Form located in the Report Room shall be used when the defendant
wishes to waive their rights to be arraigned without unreasonable delay.

C. Juvenile Interrogations: Constitutional and Court imposed safeguards, establish

procedures for the proper questioning of persons suspected of criminal activity.
The interrogation of juveniles presents additional concerns for law enforcement
agencies. Therefore, the purpose of this section is to provide all police officers
with the principal legal guidelines that will make a juvenile interrogation and the
information obtained admissible when presented in court.

A juvenile, for the purposes of Massachusetts criminal law, is anyone between the
ages of 12-18 (In other words, anyone who is older than 12 and under the age of
18).
1. When the juvenile is under the age of fourteen, a parent or an interested adult
18 years of age or older must be present during interrogation. [44.2.3, a]
a). In court, the interrogating officer would be required to “show that a parent
or interested adult was present, understood the Miranda Warnings, and
had the opportunity to explain their rights to the juvenile so that the
juvenile understands the significance of a waiver of these rights” [Comm.
v. A Juvenile, 389 Mass. 128 (1983)].
b). The officer should explicitly inform the juvenile’s parent, or other
interested adult, that the opportunity is being furnished for the two to
confer about the juvenile’s rights. However, police cannot force the adult
to speak with the juvenile.
2. Juveniles Fourteen and Over (But less than 18 years old): In Commonwealth
v. A Juvenile, 389 Mass. 128 (1983), the SJC held that when a juvenile reaches
the age of fourteen (14) they may make a valid waiver of the Miranda
warnings as long as the juvenile received, in addition to the Miranda warnings,
the right that they had an opportunity to consult with a parent, or other
interested adult.

a). It is not necessary for such a juvenile (14 years old or over), to actually
consult with the interested adult before making a valid waiver. It is only
the opportunity to consult that is critical because the presence of the adult
is not mandatory. [44.2.3]

3. When dealing with juveniles, officers shall pay special attention to ensure that
the following requirements are met:

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a). The duration of the interrogation shall be as limited as possible. [44.2.3]

b). As a general rule, no more than two officers shall be present during the
interrogation. [44.2.3]
c). Departmental and juvenile justice system procedures shall be explained to
all juveniles being interrogated and to the interested adult, parent, or
guardian present. [44.2.3]

D. Report Writing: Complete and accurate documentation of the victim/witness’s

statement is essential to the integrity and success of the investigation and any
subsequent court proceedings. Therefore, during or as soon as reasonably
possible after the interview, the officer/investigator shall: [83.2.6]

1. Document the witness’s statements by formal means (e.g., audio or video

recording, stenographer’s documentation, victim/witness’s written statement,
and a written summary using victim/witness’s own words); and
2. Review written documentation, and ask the victim/witness if there is anything
they wish to change, add or emphasize.

VI. Case Management and Controls [42.1.2] [42.1.3] [42.1.4]

A. Case Assignment: The Officer in Charge and/or Bureau Commander shall be

responsible for the assignment of follow-up investigations to their respective
personnel. In order to assign the appropriate officer/detective, consideration shall
be given to specialized skill, knowledge, or ability that may be needed in the
investigation of the case. Such specialized skills may include, but are not limited
to: [42.1.4]

1. Investigative experience and training;

2. Fingerprint technology;
3. Photography;
4. Rape and sexual assault investigation;
5. Juvenile offenders; and
6. Crime scene forensics;
7. Arson investigations.

B. Case Status: The Officer in Charge and/or Bureau Commander shall supervise
the status of cases assigned to their respective personnel. [42.1.3, a]

1. The primary officer/detective assigned to a case shall be responsible for

recording information regarding their case(s) into the Electronic Case
Management Control System. The following data shall be entered and updated
as necessary:

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a). Date assigned to the case(s)

b). Type of case
c). Northampton Police Record Number
d). Primary Officer/Detective Personnel Number; and
e). Status of the case; [42.1.3, b]
‘C’ - Closed
‘O’ - Open
‘S’ - Suspended
‘U’ - Unfounded
‘N’ - No Crime Involved

C. Case File Maintenance: All originals of reports, victim/witness statements, and

evidence of assigned cases (i.e. witness statements, evidence examination reports,
etc.) shall be consolidated into the Department’s Central Records System.
However, officers/detectives working on an open investigation shall maintain
their own case files consisting of copies of those records listed above, as well as
any notes they may have taken. [42.1.3, c]

1. Officer/Detective Case files shall be accessible only to the primary

investigators responsible for maintaining the files, the Officer In Charge and/or
the Bureau Commander. Any other person wishing to access those files must
obtain the expressed approval of the OIC or Bureau Commander. [42.1.3, d]
2. Officer/Detective Personal Case files are not official departmental records and
should be either securely stored by the investigating officer or destroyed by
shredding if no longer needed. [42.1.3, e]

a). Confidential cases involving rape and sexual assaults shall be maintained
in a separate limited access file cabinet in the Detective Bureau. This file
cabinet shall be kept locked at all times when not in actual use and access
to the keys shall be limited to rape investigation officers and the Detective
Bureau Commander.

D. Criteria for Suspending Investigative Efforts/Cold Case Investigations: A

designation of Suspend or Cold Case shall not be made without an evaluation by
the investigating officer of the following: [42.1.2]

1. Absence of further leads or solvability factors.

2. Unavailability of investigative resources.
3. Negative interviews with victims/witnesses.
4. Inconclusive physical evidence collected at the scene of the crime/incident.
5. The exhaustion of all other information sources.
6. The degree of seriousness of the offense/incident.

In all cases, the assigned investigating officer shall have the approval of the
Officer In Charge or Bureau Commander, prior to the suspension of investigative
efforts.

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If new information becomes available on a suspended or cold case, the Detective

Bureau Commander shall assign the case to a Detective and re-open the case for
further investigation.

E. Crime Victim Notification of Status: It shall be the responsibility of the assigned

officer/detective to personally notify the victim of a major crime of any changes
in the status of the case. An official notification shall be made in person, by mail,
or by telephone.

1. The notification to the victim shall be made whenever the case changes from
OPEN INVESTIGATION to SUSPENDED or UNFOUNDED.

2. Adequate explanation of the reason for the change shall be made to the victim
by the assigned investigator. The notification must be noted in the
investigators report. [55.2.3]

F. Case Screening System/Solvability Factors: Cases to be followed up will be

determined by the Officer In Charge and/or Bureau Commander. This
determination shall be based on factors such as past experience and research of
our own department, as well as degree of seriousness and solvability factors.
[42.1.2]

1. Solvability factors that shall be considered are, but not limited to, the
following:

a). Known identity of possible suspects;

b). Physical evidence gathered at the scene of the crime;
c). Circumstantial evidence presented to the investigator;
d). All other pertinent information presented to the officer/detective.

VII. Court Prosecution

The ultimate goal of a criminal investigation is to identify, summons, or arrest a
suspect responsible for the crime. It is equally as important to clear any innocent
persons.

All suspects who are arrested by members of this department shall be arraigned as
soon as is reasonably possible following the arrest.

A. Court Dismissals: In the event that any action is dismissed in court, or the
prosecutor declines to prosecute because of alleged mishandling by a
Northampton Police Officer, the Detective Bureau Commander shall review the
case and forward it to the officer’s supervisor as well as the Operations Division
Commander. If necessary, a review by the ODC, DBC and the officers OIC shall
be conducted to determine what, if any, corrective or disciplinary action is
required.

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If it is determined that the error has resulted from a fault in the policies and
procedures of the Northampton Police Department, the matter shall be referred to
the ODC for appropriate policy revision.

B. Habitual/Serious Offenders: In order to be more effective and efficient in the

prosecution of habitual and serious offenders, the Court Administrator will use the
following criteria:

1. Definition of Habitual Offender: For the purpose of this procedure, a habitual

offender shall be defined as anyone twice convicted of a crime and sentenced
and committed to prison, in this or another state, or once in this state and once
in another state, for terms of not less than three years each, and does not show
that they have been pardoned for either crime on the grounds that they were
innocent, shall, upon conviction of a felony, be considered a habitual offender.
[42.1.5, a]

Those individuals meeting the definition above and charged with the following,
will be identified and designated as habitual or serious offenders: [42.1.5, b]

Crimes of violence;
Crimes posing the greatest threat to the public;
Motor vehicle offenses that pose a threat to the public, and/or fall under
Massachusetts General Law, Chapter 90, section 22F.

2. It will be the responsibility of all officers to inform the Court Administrator if

they know or have reason to believe an individual is a habitual offender. It
shall be the responsibility of the Court Administrator to check with the
probation department on the status of the offender and take appropriate action.
Such actions may include but are not limited to the following:

a). Obtaining complaints and/or

b). Having warranted citations written, or,
c). Notifying the District Attorney of the offender’s status. [42.1.5, c]

VIII. Shift Briefings

Because of the importance of sharing information with officers on patrol,
detectives will attend the morning and afternoon roll calls unless they are
previously assigned to other duties by the Detective Bureau Commander.
Detectives will brief patrol officers on important cases and activities of the
detective bureau. [42.2.4]

IX. Investigative Task Forces [42.2.5]

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Whenever it is necessary for this Department to form a task force to deal with a
particular crime, type of crime, or series of incidents, a memorandum shall be
issued explaining the activities of the task force.

The memorandum will identify:

1. The purpose of the unit;
2. The Commanding Officer of the unit;
3. The responsibilities and authority of the unit;
4. The personnel and resources to be assigned;
5. A starting and, if known, ending date; and
6. The requirement that the Commanding Officer of the task force submit a
complete and detailed report to the ODC at the conclusion of the assignment
evaluating its results and giving recommendations.

In the event that the task force will involve a lengthy assignment, the officer(s)
assigned to the task force will report verbally to the ODC at least every month,
and more frequently if necessary, on the status of the task force. The Chief of
Police will ultimately decide on what resources will be expended on all task force
activities. Based upon the reports received, the Chief of Police will evaluate the
results and determine whether participation in the task force shall continue.
These procedures will apply for multi-jurisdictional task forces as well.

An exception to this procedure shall be whenever the assignment of personnel to a

task force is of a confidential nature.

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